Common use of Rejected/Refused Shipments Clause in Contracts

Rejected/Refused Shipments. (1) In instances where 2 Streams Brokerage has hired a drayman and delivery of SHIPPER’s freight has been rejected or refused by consignee for any reason, or drayman is unable to deliver the freight for any reason, SHIPPER on receipt of notice of rejection or non- delivery, shall provide 2 Streams Brokerage and carrier with disposition instructions (by fax or email) within 48 hours after receipt of the notice, exclusive of Saturdays, Sundays and national holidays. (2) If disposition instructions are not so received, 2 Streams Brokerage is authorized to instruct Carrier to place the freight in a public warehouse, or the carrier’s storage facility if equivalent to a public warehouse subject to disposition instructions from SHIPPER. If disposition instructions are not received by 2 Streams Brokerage, or carrier from SHIPPER within five (5) business days of storage, 2 Streams Brokerage is instructed to request carrier issue a "Final Notice of On-Hand Freight"," to SHIPPER and publish in a newspaper of general circulation, once a week, for two consecutive weeks that the freight on hand will be offered for sale at a general auction, stating the time and place of said sale. Not later than ten (10) days prior to the auction sale, Carrier will be instructed to send a copy of the published auction notice to SHIPPER and 2 Streams Brokerage via facsimile transmission or EDI. (3) The proceeds of any sale received under the procedure above shall be applied by the Carrier to the payment of freight charges, demurrage, storage, and any other lawful charges; to the expense of notice, advertisement, publication, sale and other necessary expense; and to the expense of caring for and maintaining the freight, if proper care of the freight requires special expense. In the event that there are any proceeds remaining after all charges and expenses are paid, said proceeds shall be paid to the SHIPPER of the freight within seven (7) days of the sale.

Rejected/Refused Shipments. (1) In instances where 2 Streams Brokerage Xxxxxxxxxxx has hired a drayman and delivery of SHIPPERXxxxxxx’s freight has been rejected or refused by consignee for any reason, or drayman xxxxxxx is unable to deliver the freight for any reason, SHIPPER Xxxxxxx on receipt of notice of rejection or non- non-delivery, shall provide 2 Streams Brokerage Cornerstone and carrier with disposition instructions (by fax or email) within 48 hours after receipt of the notice, exclusive of Saturdays, Sundays and national holidays. (2) If disposition instructions are not so received, 2 Streams Brokerage Cornerstone is authorized to instruct Carrier to place the freight in a public warehouse, or the carrier’s storage facility if equivalent to a public warehouse subject to disposition instructions from SHIPPERShipper. If disposition instructions are not received by 2 Streams BrokerageCornerstone, or carrier from SHIPPER Shipper within five (5) business days of storage, 2 Streams Brokerage Cornerstone is instructed to request carrier issue a "Final Notice of On-On- Hand Freight"," to SHIPPER Shipper and publish in a newspaper of general circulation, once a week, for two consecutive weeks that the freight on hand will be offered for sale at a general auction, stating the time and place of said sale. Not later than ten (10) days prior to the auction sale, Carrier will be instructed to send a copy of the published auction notice to SHIPPER Shipper and 2 Streams Brokerage Cornerstone via facsimile transmission or EDI. (3) The proceeds of any sale received under the procedure above shall be applied by the Carrier to the payment of freight charges, demurrage, storage, and any other lawful charges; to the expense of notice, advertisement, publication, sale and other necessary expense; and to the expense of caring for and maintaining the freight, if proper care of the freight requires special expense. In the event that there are any proceeds remaining after all charges and expenses are paid, said proceeds shall be paid to the SHIPPER Shipper of the freight within seven (7) days of the sale.

Rejected/Refused Shipments. (1) In instances where 2 Streams Brokerage Cornerstone has hired a drayman and delivery of SHIPPER’s freight has been rejected or refused by consignee for any reason, or drayman is unable to deliver the freight for any reason, SHIPPER on receipt of notice of rejection or non- non‐ delivery, shall provide 2 Streams Brokerage Cornerstone and carrier with disposition instructions (by fax or email) within 48 hours after receipt of the notice, exclusive of Saturdays, Sundays and national holidays. (2) If disposition instructions are not so received, 2 Streams Brokerage Cornerstone is authorized to instruct Carrier to place the freight in a public warehouse, or the carrier’s storage facility if equivalent to a public warehouse subject to disposition instructions from SHIPPER. If disposition instructions are not received by 2 Streams BrokerageCornerstone, or carrier from SHIPPER within five (5) business days of storage, 2 Streams Brokerage Cornerstone is instructed to request carrier issue a "Final Notice of On-Hand On‐Hand Freight"," to SHIPPER and publish in a newspaper of general circulation, once a week, for two consecutive weeks that the freight on hand will be offered for sale at a general auction, stating the time and place of said sale. Not later than ten (10) days prior to the auction sale, Carrier will be instructed to send a copy of the published auction notice to SHIPPER and 2 Streams Brokerage Cornerstone via facsimile transmission or EDI. (3) The proceeds of any sale received under the procedure above shall be applied by the Carrier to the payment of freight charges, demurrage, storage, and any other lawful charges; to the expense of notice, advertisement, publication, sale and other necessary expense; and to the expense of caring for and maintaining the freight, if proper care of the freight requires special expense. In the event that there are any proceeds remaining after all charges and expenses are paid, said proceeds shall be paid to the SHIPPER of the freight within seven (7) days of the sale.

Rejected/Refused Shipments. (1) In instances where 2 Streams Brokerage B.O.G has hired a drayman and delivery of SHIPPERShipper’s freight has been rejected or refused by consignee for any reason, or drayman is unable to deliver the freight for any reason, SHIPPER Shipper on receipt of notice of rejection or non- non-delivery, shall provide 2 Streams Brokerage B.O.G and carrier with disposition instructions (by fax or email) within 48 hours after receipt of the notice, exclusive of Saturdays, Sundays and national holidays. (2) If disposition instructions are not so received, 2 Streams Brokerage B.O.G is authorized to instruct Carrier to place the freight in a public warehouse, or the carrier’s storage facility if equivalent to a public warehouse subject to disposition instructions from SHIPPERShipper. If disposition instructions are not received by 2 Streams BrokerageB.O.G, or carrier from SHIPPER Shipper within five (5) business days of storage, 2 Streams Brokerage B.O.G is instructed to request carrier issue a "Final Notice of On-Hand Freight"," to SHIPPER Shipper and publish in a newspaper of general circulation, once a week, for two consecutive weeks that the freight on hand will be offered for sale at a general auction, stating the time and place of said sale. Not later than ten (10) days prior to the auction sale, Carrier will be instructed to send a copy of the published auction notice to SHIPPER Shipper and 2 Streams Brokerage B.O.G via facsimile transmission or EDI. (3) The proceeds of any sale received under the procedure above shall be applied by the Carrier to the payment of freight charges, demurrage, storage, and any other lawful charges; to the expense of notice, advertisement, publication, sale and other necessary expense; and to the expense of caring for and maintaining the freight, if proper care of the freight requires special expense. In the event that there are any proceeds remaining after all charges and expenses are paid, said proceeds shall be paid to the SHIPPER Shipper of the freight within seven (7) days of the sale. (4) B.O.G’s contract(s) with Motor Carriers who are draymen will contain the above disposition and sale instructions. (5) Motor Carriers who are draymen are subject to railroad, instructions and procedures for dealing with rejected and/or non-delivered freight as provided in terms and conditions in applicable railroad circulars.

Rejected/Refused Shipments. (1) In instances where 2 Streams Brokerage Cornerstone has hired a drayman and delivery of SHIPPERShipper’s freight has been rejected or refused by consignee for any reason, or drayman is unable to deliver the freight for any reason, SHIPPER Shipper on receipt of notice of rejection or non- non-delivery, shall provide 2 Streams Brokerage Cornerstone and carrier with disposition instructions (by fax or email) within 48 hours after receipt of the notice, exclusive of Saturdays, Sundays and national holidays. (2) If disposition instructions are not so received, 2 Streams Brokerage Cornerstone is authorized to instruct Carrier to place the freight in a public warehouse, or the carrier’s storage facility if equivalent to a public warehouse subject to disposition instructions from SHIPPERShipper. If disposition instructions are not received by 2 Streams BrokerageCornerstone, or carrier from SHIPPER Shipper within five (5) business days of storage, 2 Streams Brokerage Cornerstone is instructed to request carrier issue a "Final Notice of On-On- Hand Freight"," to SHIPPER Shipper and publish in a newspaper of general circulation, once a week, for two consecutive weeks that the freight on hand will be offered for sale at a general auction, stating the time and place of said sale. Not later than ten (10) days prior to the auction sale, Carrier will be instructed to send a copy of the published auction notice to SHIPPER Shipper and 2 Streams Brokerage Cornerstone via facsimile transmission or EDI. (3) The proceeds of any sale received under the procedure above shall be applied by the Carrier to the payment of freight charges, demurrage, storage, and any other lawful charges; to the expense of notice, advertisement, publication, sale and other necessary expense; and to the expense of caring for and maintaining the freight, if proper care of the freight requires special expense. In the event that there are any proceeds remaining after all charges and expenses are paid, said proceeds shall be paid to the SHIPPER Shipper of the freight within seven (7) days of the sale.